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yOur Chalmette Injury Lawyers

Have you or a loved one sustained severe injuries or lost a loved one in a Chalmette accident due to someone else’s negligence? If so, you know just how much a personal injury can alter the course of one’s life. No one expects to get involved in an accident and suffer a catastrophic injury or lose a loved one because of another party’s fault. Nonetheless, an accident can take you by surprise, leaving you with substantial medical bills and disabilities. In an instant, the future becomes less certain and more challenging than you’d ever imagined.

During such a trying time in your life, you need compassionate legal guidance to protect your rights and interests. Experienced Chalmette injury lawyers can help you navigate Louisiana’s complex legal process, guiding you every step of the way.

Types of Personal Injury Cases We Handle

Personal injury cases can be complex and overwhelming, particularly if you have no legal background in personal injury law. You may be unfamiliar with all the different types of cases that fall under this category. Understanding the various types of injury cases in Chalmette can help you determine whether you have a valid case and the steps to take to safeguard your interests.

Here are the common types of cases our Chalmette injury lawyers handle:

Car Accidents

Factors such as reckless driving, driver negligence, and adverse road conditions contribute to car accidents on Chalmette roads. Running parallel to the Mississippi River, LA-39 serves as a major route for local traffic and commercial vehicles in Chalmette. Such busy traffic means car accidents are more likely to happen. According to the Center for Analytics & Research in Transportation Safety, two fatal crashes were recorded, with roughly 259 suspected injury crashes in St. Bernard Parish in 2023.

Truck Accidents

Truck accidents typically happen on busy roads that pass through Chalmette, including LA-47 and East Judge Perez Drive, which have their fair share of commercial traffic. These heavily congested roads that connect Chalmette to surrounding cities often witness truck wrecks that lead to serious injuries and even fatalities.

Such accidents are typically caused by various factors that include:

  • Overloaded cargo
  • Improper vehicle maintenance
  • Driver fatigue
  • Driver inexperience
  • Reckless driving behaviors

Determining liability after a truck accident on West Judge Perez Drive can be complex since these accidents may involve multiple parties. This includes the truck driver, the trucking company, vehicle parts manufacturers, and even government agencies responsible for road maintenance. An experienced Chalmette injury lawyer can examine the driver’s logs, truck maintenance records, and company records to determine who is liable for your crash and injuries.

Bus Accidents

Many commuters fail to consider safety when they use public transportation every day. Similar to other motor vehicle accidents, bus collisions can happen, and you may need to hold the bus driver or bus company accountable for your injuries. 

Motorcycle Accidents

Motorcycle riders cruising on St. Bernard Highway, which provides scenic views of the Mississippi River, are more susceptible to injuries than passenger car occupants. This is mainly because motorcycles lack the structural protection that other vehicles offer their occupants. Riders may sustain crush injuries during collisions, especially if they are involved in crashes during peak hours.

Bicycle Accidents

Bicycle accidents are often serious and can result in catastrophic or fatal injuries, especially when a cyclist collides with a motor vehicle. A cyclist heading home from the supermarket on Jean Lafitte Parkway is more vulnerable since they don’t have the same protection drivers enjoy.

Common causes of bicycle accidents include motorists’ failure to yield the right of way, improper lane sharing, and dooring.

Pedestrian Accidents

In 2022, there were 183 pedestrian fatalities in Louisiana. Picture trying to cross the intersection between Pakenham Drive and Judge Perez Drive, only for an impatient driver to run a red light and hit you. This may cause severe head trauma. Factors such as failing to yielddrunk driving, and speeding can contribute to these accidents.

Boat Accidents

While perhaps less common than motor vehicle accidents, boat accidents on the Mississippi River can be equally devastating. Whether you are on a sightseeing cruise, a recreational boat, or a commercial boat, maritime mishaps can occur that can lead to the boat capsizing. You may also fall overboard. Determining liability in boating accidents often requires an understanding of maritime law. Potential defendants in boat accident claims could include the boat operator, rental company, boat owner, or even the boat manufacturer.

Train Accidents

Since Chalmette has a railroad system that supports industrial and commercial activities from refineries and manufacturing plants, train accidents may happen that result in catastrophic effects. Weather conditions, defective parts, and driver or pedestrian negligence can lead to train accidents. If a train operator, the owner, or any other entity neglects their responsibilities, leading to a train accident in Chalmette, the train company can be liable for injuries and damages.

Premises Liability

These injury cases center around the concept that property owners and tenants have a duty to keep their premises reasonably safe for visitors. To have a valid premises liability case, you must prove that the owner was aware of the hazardous condition or should have known, but they failed to repair it or warn visitors. Surveillance footage and witness statements can prove the property owner’s negligence.

Product Liability

Defective products can harm or kill you. You can file a product liability case against a manufacturer or retailer for placing defective products into the hands of consumers. Common product liability claims typically involve dangerous pharmaceutical products, defective medical devices, and defective car parts.

Industrial Accidents

Under Louisiana’s workers’ compensation laws, employees are entitled to benefits if they suffer injuries in the course of employment, be it at construction siteswarehouses, or oil fields. However, while many jobs provide workers’ compensation insurance, this compensation may not be enough to cover all your damages after an accident. Experienced Chalmette injury lawyers can help you navigate the process of filing a workers’ compensation claim and protect your rights during negotiations with your employer and their insurance company.

Wrongful Death

Immediate family members can pursue compensation in a wrongful death case, with damages covering accrued medical bills, lost wages and benefits, and funeral costs. Additionally, surviving family members can file damages for the pain and suffering they endured before their loved one’s untimely demise, the loss of companionship, care, and protection, and the mental anguish they suffered after death.

Types of Injuries Victims Sustain After Accidents

When drivers, passengers, motorcyclists, pedestrians, and workers are involved in accidents, they can sustain injuries that include:

  • Soft tissue injuries: Strains, sprains, bruising, and damage to tendons, ligaments, and muscles are common in motor vehicle accidents. These injuries can cause short-term pain, with most healing on their own.
  • Broken bones: Broken legs, arms, ribs, and wrists are common in motor vehicle accidents and industrial accidents. Some accidents may cause a fractured pelvis. The severity of these injuries ranges from simple breaks that require a cast to compound fractures that may require multiple surgeries.
  • Burns: If a vehicle catches fire or a piece of equipment in a plant explodes, victims may suffer burn injuries. Coming into contact with chemicals, steam, or hot surfaces and fluids may also cause burns. Severe burns may require skin grafting and surgery.
  • Facial injuries: Broken glass or other flying debris in a car accident can cause facial injuries. These injuries are often immediately noticeable and may affect a victim’s self-esteem. They may require surgical correction that leaves a lasting scar.
  • Back injuries: The human body isn’t designed to sustain heavy impact. A high-impact accident can cause back injuries, which may not be immediately apparent after an accident. Pain and disability from a severe back injury can be long-lasting, impacting your quality of life.
  • Neck injuries: Sudden movement of the head and neck, particularly from a rear-end collision, can damage neck muscles and ligaments. Swelling is common in whiplash accidents.
  • Crush injuries: You may sustain a crush injury when any part of your body is caught between two objects, such as if you are pinned on the road after a rollover accident.
  • Internal injuries: When you are hit by flying debris or a crash forces you to smash into an object, you may sustain internal organ damage. Organs that could be affected include the liver, spleen, and small intestines. This injury often requires emergency medical treatment.
  • Limb loss and amputation: Your arm, leg, toe, or finger can be severed during a crash. They may also be severely damaged, necessitating surgical amputation. This injury can have permanent disabling effects.
  • Spinal cord injuries: An accident’s impact can injure your spine, often causing long-term disability. Spinal cord damage can result in partial or total paralysis below the injury site.
  • Traumatic brain injuries (TBI): TBI occurs when a blow or a penetrating injury damages the brain. This injury can happen during car crashes as your head hits the steering wheel or dashboard. Falling objects in the workplace can also cause TBI.
  • Post-traumatic stress disorder (PTSD): Not all damage after an accident in Chalmette is physical. Accidents may also leave emotional scars. PTSD can affect anyone after a traumatic event. It isn’t a sign of weakness or inability to cope.

Steps To Take After an Accident in Chalmette

In the aftermath of an accident, it’s important to take appropriate steps to protect your well-being, preserve evidence at the scene, and understand your rights. Here’s what you need to do to increase your chances of securing a favorable outcome in a Chalmette injury claim:

Seek Medical Attention

The first step if you are involved in an accident is prioritizing your health. Seek medical attention immediately, even if your injuries seem minor. Some injuries tend to have delayed symptoms, such as head trauma. A medical professional can run tests to assess your condition, document your injuries, and provide necessary medical care. Once you visit a hospital, medical records can serve as valuable evidence to strengthen your personal injury case.

Preserve Evidence

Preserving evidence after an accident can be helpful when building a compelling personal injury case. As soon as the accident happens, take photos and videos of the scene, property damage, your injuries, and any other relevant details to help you make a case. However, only do this if you are physically able. Don’t strain and end up worsening your condition.

Also, remember to collect contact information from witnesses whose accounts of events can support your claim. You should also preserve physical evidence, such as damaged equipment and defective products, which may have led to your injuries.

Report the Accident

Notify emergency responders, such as the police and other relevant parties, about the incident. In the event of an accident on someone’s property, notify the property owner or a manager if you are injured on business premises. Reporting the accident to the relevant authorities creates an official record, which can be valuable when pursuing a claim.

Document the Incident

To bolster your injury case, keep a record of any important details regarding the accident, including the date, time, and location of the accident. You may also note down what happened since your memories may fade over time. Keep a record of your injuries, symptoms, all treatments you receive, and accident-related bills. Maintaining a journal can provide a thorough overview of the accident’s impact on your life.

Consult a Chalmette Injury Lawyer

It’s highly beneficial to contact an experienced personal injury attorney after an accident. A lawyer can assess the merits of your case, guide you through Louisiana’s legal process, and protect your rights. Don’t wait for too long before reaching out to an attorney. Other involved parties may have already sought legal representation.

Notify Your Insurance Company

You should notify your insurance company about an accident sooner rather than later. Provide them with accurate and factual details about the incident. However, be wary about providing statements since anything you say can be used against you to undervalue or deny your injury claim. You can consult your attorney before contacting your insurance company to report the accident.

How To Prove Negligence in a Chalmette Injury Case

In a personal injury case, you — the plaintiff — must prove that negligence resulted in verifiable damages to receive compensation. Here are the elements that you must establish to prove negligence:

  1. Duty of care: In personal injury cases, this legal concept dictates that the defendant owes you a legal duty to act in a particular manner or follow certain rules and regulations. For instance, truck drivers must abide by the hours of service (HOS) regulations while driving on Louisiana roads.
  2. Breach of duty: This element details actions or inactions that violate the defendant’s duty of care. If a trucker drives for more than 11 hours after 10 consecutive hours off duty, they breach their duty of care. This may lead to driver fatigue and drowsiness.
  3. Causation: The defendant’s negligent actions must be directly linked to your injuries to establish causation. For instance, if the truck driver rear-ends your vehicle, you may suffer head trauma as a result of their actions.
  4. Damages: To receive compensation, you must prove you suffered damages due to their negligence. Damages in an injury case may include medical bills, lost wages, and pain and suffering.

Proving negligence on your own while dealing with the aftermath of the accident and your injuries may be challenging. Our Chalmette injury lawyers are here to help build a compelling case that proves the defendant’s negligence. This gives you peace of mind, knowing that your case is in safe hands while you rest and recover.

Factors That Could Affect Your Chalmette Personal Injury Case

Various factors can significantly affect the outcome of your Chalmette injury case. Understanding these factors is necessary if you are pursuing a compensation claim. The following are some important considerations to remember:

  • Strength of evidence: The more compelling your evidence is, the stronger your personal injury case becomes. Evidence to support your claim can include accident reports, medical records, and photos from the scene.
  • Witnesses: Their accounts can be pivotal in your injury case since they can provide an unbiased account of what happened. Reliable witnesses can testify on your behalf and convince a jury that you aren’t to blame for the accident.
  • The extent of injuries: The extent and severity of your injuries play an important role in determining the settlement you may receive. Catastrophic injuries that lead to significant medical bills or permanent disability often result in higher settlements or verdicts.
  • Insurance coverage: The insurance policies of other involved parties may also affect your compensation. For instance, if the at-fault driver has limited liability coverage, this may affect the maximum compensation you can recover for damages. Similarly, if you have uninsured/underinsured motorist coverage, this policy may cover your damages if the defendant lacks adequate insurance.
  • Liability: Establishing liability is important in any personal injury case in fault-based states such as Louisiana. If it is clear that the other party was negligent, this strengthens your injury case. However, matters can get complicated if the defendant disputes liability or if you are partly to blame for the accident.
  • Pre-existing conditions: Your medical history can affect your claim. You need to be transparent with your attorney if you have pre-existing injuries or conditions, as the defendant and their insurance company may argue that you weren’t injured during the accident.
  • Timeliness: Statutes of limitations and deadlines are important in personal injury cases. You must file a claim within set timeframes to avoid losing compensation benefits. If you don’t, the courts might dismiss your case.

Other factors that may also affect your claim include your choice of legal representation, 

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Kaye p.
Kaye P.
Attorney Josh Powell, Kat and Robin were very compassionate, and helpful with everything throughout my case. They were very much in constant communication with me regarding my health and wellbeing. This was a very traumatic experience for me and my family and they put me at ease and handled everything to perfection. I highly recommend Morris & Dewett law firm.
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great firm
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Jessica was very helpful she’s the best!
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Morris & Dewett is the best they help me from the first day. They stayed in touch with me they hold time of my case I Recommend them to everyone they are the real deal You won’t regret it
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